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CCJ papers for old debt 6 years+ #all info included#

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  • #16
    Re: POC, What docs to ask for in CPR request?

    Just the agreement correct. Makes me think they have nothing to hand.

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #17
      Re: CCJ papers for old debt 6 years+ #all info included#

      Thank you very much

      Comment


      • #18
        Re: POC, What docs to ask for in CPR request?

        Originally posted by nemesis45 View Post
        Just the agreement correct. Makes me think they have nothing to hand.

        nem
        Oh really, What else would you of been expecting for them to mention in the POC?

        Comment


        • #19
          Re: POC, What docs to ask for in CPR request?

          Hi

          CPR 31.14 request (see top of thread) to Claimant's solicitors
          Ask for
          a copy of the agreement (If it were me I'd also include the relevant Terms & Conditions)
          Notice of Assignment
          Breakdown of charges.

          If this is for a loan regulated via the Consumer Credit Act, you also should send a CCA request (top of thread) to the Claimant, together with a 1 fee.
          s77 CCA is applicable to loans.
          If 1 paid via postal order or cheque, endorse 'for statutory purposes only'.
          Enclose a copy of this with the above CPR letter to the solicitors 'for information only' (so no fee with this one)

          It is also a good idea to send a Data Protection Act SAR (Subject Access Request) to the original creditor. (Fee 10)

          Have you acknowledged the court claim yet?
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #20
            Re: POC, What docs to ask for in CPR request?

            Originally posted by CCJhelp View Post
            Oh really, What else would you of been expecting for them to mention in the POC?
            Most importantly a Default Notice.

            nem
            The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

            Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

            If you receive messages from anyone offering advice for a fee please report it to the site team.


            Animo et fide.

            Comment


            • #21
              Re: POC, What docs to ask for in CPR request?

              Originally posted by charitynjw View Post
              Hi

              CPR 31.14 request (see top of thread) to Claimant's solicitors
              Ask for
              a copy of the agreement (If it were me I'd also include the relevant Terms & Conditions)
              Notice of Assignment
              Breakdown of charges.

              If this is for a loan regulated via the Consumer Credit Act, you also should send a CCA request (top of thread) to the Claimant, together with a 1 fee.
              s77 CCA is applicable to loans.
              If 1 paid via postal order or cheque, endorse 'for statutory purposes only'.
              Enclose a copy of this with the above CPR letter to the solicitors 'for information only' (so no fee with this one)

              It is also a good idea to send a Data Protection Act SAR (Subject Access Request) to the original creditor. (Fee 10)

              Have you acknowledged the court claim yet?
              Thank you for your help, I have got the CCA and CPR ready to be sent off today now. I did originally post my thread in the welcome board rather than here, so here are the details that I opened the thread with.


              Hi,
              Here are the details for my CCJ papers, Im certain its statute barred but no way of finding out. Please see below!
              Received a claim? CCJ
              Issue Date: 12/12/16 - I have already acknowledged it and extended it until 28days
              Amount approx: 3000
              Claimant: ME III limited
              Solicitor: Mortimer clark solicitors
              Original Creditor: Black horse finance (lloyds)
              Particulars of Claim: the claim is for the balance of instalments due and unpaid under an agreement dated 17/08/2009 and under which black horse ltd agreed to provide credit in relation to the purchase of goods payable by instalments ("the agreement"). The agreement was assigned to the claimant. Particulars : 1. amount due and unpaid 3216.97. The claimant therefore claims 1. amount due and unpaid 3216.97
              Is the debt Statute Barred? *** This is where Im stuck. This debt is no longer on my credit file, and Im pretty sure its statute barred but no way of finding out?***
              List any letters you have sent: None so far due to completely forgetting over Xmas. Im sure most of these offices are going to be closed over Xmas too.
              Any Other Info: This CCJ was sent to my mums address. They dont have my current address, Its lucky she still lives there or this would have gone unnoticed! I didnt pay this bill for very long due to change in curcumstances and could no longer afford, buried my head in the sand and didnt hear anything for years until this. Im pretty sure its statute barred but need help with how to find out? I need to also act very quickly as time was wasted over Xmas. But again, I doubt most offices will even be open until new year so now im worried I wont get the reply I need in time.
              Any help would be appreciated
              Thanks in advance


              - - - Updated - - -

              Originally posted by nemesis45 View Post
              Most importantly a Default Notice.

              nem
              Oh ok, So how does it affect me right now? Or do I just sit and wait and see if they reply to my letters?

              Comment


              • #22
                Re: POC, What docs to ask for in CPR request?

                A SAR to the original creditor would be a good idea, as it may provide the missing info, particularly re stat-barred.
                http://www.legalbeagles.info/forums/...ur-information
                You probably won't receive a response before your defence is due, but regardless it would be wise to introduce the possibility of SB in your stated defence.
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: POC, What docs to ask for in CPR request?

                  Originally posted by charitynjw View Post
                  A SAR to the original creditor would be a good idea, as it may provide the missing info, particularly re stat-barred.
                  http://www.legalbeagles.info/forums/...ur-information
                  You probably won't receive a response before your defence is due, but regardless it would be wise to introduce the possibility of SB in your stated defence.
                  Thank you, I have just printed this off and will also send this to Black horse

                  Comment


                  • #24
                    Re: POC, What docs to ask for in CPR request?

                    Originally posted by charitynjw View Post
                    A SAR to the original creditor would be a good idea, as it may provide the missing info, particularly re stat-barred.
                    http://www.legalbeagles.info/forums/...ur-information
                    You probably won't receive a response before your defence is due, but regardless it would be wise to introduce the possibility of SB in your stated defence.
                    By sending this template, im not resetting the clock on the SB am i? just wanted to check before I send it?

                    Comment


                    • #25
                      Re: POC, What docs to ask for in CPR request?

                      black horse ltd agreed to provide credit in relation to the purchase of goods payable by instalments
                      What were the goods that you were paying in instalments? Was it a car or furniture / appliances or something else?

                      And sending a SAR does not reset the clock.

                      Edit: And have the goods been returned back to Blackhorse or are you still in possession of them?
                      DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

                      Comment


                      • #26
                        Re: POC, What docs to ask for in CPR request?

                        Originally posted by R0b View Post
                        What were the goods that you were paying in instalments? Was it a car or furniture / appliances or something else?

                        And sending a SAR does not reset the clock.

                        Edit: And have the goods been returned back to Blackhorse or are you still in possession of them?
                        It was finance for a car, for 3 years. Cannot remember how long I paid for. Less than a year perhaps?
                        The car was written off in a crash that wasnt my fault. But i have seen this car on the road in my area on multiple occasions so not sure what happened there.

                        Comment


                        • #27
                          Strange reply regarding CPR 31.14, HELP!

                          I sent off my CPR request (template from this site) and I've had the following reply. Where go I go from here? My defence is due tomorrow?!?! Ahhh.. So out of my depth here. Any help would be appreciated!


                          ' We acknowledge your request for documentation pursuant to CPR 31.14
                          We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.
                          CPR 31.14 relates to a right to inspect a document and can be distinguished from a standard disclosure of evidence during the court proceedings.
                          We believe that you may have already ''inspected'' the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
                          We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions. '

                          I've also attached the relevant information below. It was also mentioned to me that its strange that the default notice wasnt mentioned in the POC? Any advise on what to do next would be great. Do I need to write to the court for an extra 28 days extension? Im sure my defence is due tomorrow.
                          Received a claim? CCJ
                          Issue Date: 12/12/16 - I have already acknowledged it and extended it until 28days
                          Amount approx: 3000
                          Claimant: ME III limited
                          Solicitor: Mortimer clark solicitors
                          Original Creditor: Black horse finance (lloyds)
                          Particulars of Claim: the claim is for the balance of instalments due and unpaid under an agreement dated 17/08/2009 and under which black horse ltd agreed to provide credit in relation to the purchase of goods payable by instalments ("the agreement"). The agreement was assigned to the claimant. Particulars : 1. amount due and unpaid 3216.97. The claimant therefore claims 1. amount due and unpaid 3216.97
                          Is the debt Statute Barred? *** This is where Im stuck. This debt is no longer on my credit file, and Im pretty sure its statute barred but no way of finding out?***
                          List any letters you have sent: None so far due to completely forgetting over Xmas. Im sure most of these offices are going to be closed over Xmas too.
                          Any Other Info: This CCJ was sent to my mums address. They dont have my current address, Its lucky she still lives there or this would have gone unnoticed! I didnt pay this bill for very long due to change in curcumstances and could no longer afford, buried my head in the sand and didnt hear anything for years until this. Im pretty sure its statute barred but need help with how to find out? I need to also act very quickly as time was wasted over Xmas. But again, I doubt most offices will even be open until new year so now im worried I wont get the reply I need in time.
                          Any help would be appreciated
                          Thanks in advance

                          Comment


                          • #28
                            Re: Strange reply regarding CPR 31.14, HELP!

                            Hi CCJ

                            IMO, i would not give them any info on any doc's in my possession. They are bringing the claim so let them show their hand and what doc's they have. (or more likely don't have). complain as your CPR is still outstanding - insist they provide all.

                            No mention of DN as part of the POC? - this makes me very suspicious that they do not know themselves. Someone else will be along shortly (hopefully) to advise more on this point.

                            General advice on SB debts as i understand it, is dependant on when you last made payment/admitted the debt, and/or anniversary of OD review and/or date of DN/termination. Min 6 years + 1 month, better 6 years + 6 months.

                            It maybe an idea to do a SARs to the original creditor if you do not have any bank statements for the time you think you stopped paying or to get a copy of the DN. However a SARs can take up to 40 days. Once SARs doc's received you maybe able to do an amended defence - but state in your current defence that you want the option to amend due to the failure on the part of the claimant to provided info requested in time. Di/Nem are brilliant at this stuff hopefully they will be along shortly to assist with advice.

                            Comment


                            • #29
                              Re: Strange reply regarding CPR 31.14, HELP!

                              Thanks for the reply.
                              Yes I have also sent of SAR to Black horse but not expecting a reply anytime soon.
                              Really dont know what to do for my next step as my defence is due tomorrow but they have said they will allow me an extra 28 days but I need to write to the court and say so? But obviously only received that letter today so where do I go from here? And what do I reply to this letter? I feel I should say I have no documents relating to this but Im not very good with words.
                              Would really like some help regarding the reply, or even help with what i should do about my defence due tomorrow?!
                              Thanks in advance

                              Comment


                              • #30
                                Re: Strange reply regarding CPR 31.14, HELP!

                                Hi

                                Email the court with a scanned copy of the Claimant's letter accepting the 28 day extension.
                                In the email subject box, ME III Ltd v CCJhelp; Court Claim No XXXXXXXX
                                "Please find attached Claimant's acceptance of a 28 day extension" or words to that effect
                                CAVEAT LECTOR

                                This is only my opinion - "
                                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb

                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.

                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check your dates
                                Acknowledge a Claim
                                CCA Request Letter
                                CPR 31.14 Request Letter
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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